Ann Ruben
02-01 09:25 PM
As you probably realize, by transferring to another employer you will have to start the GC process all over--though you should be able to keep your May 2008 priority date.
Based on the facts you have provided, I would say that it is unlikely your prospective employer's H-1 would be denied. However, there is never any guarantee. Premium processing usually takes 7-10 days if there is no RFE, but again, there can be no guarantee. (Note that USCIS must refund the $1000 fee if your case is not acted on (approval, denial, or RFE) within 15 days of receipt.)
Based on the facts you have provided, I would say that it is unlikely your prospective employer's H-1 would be denied. However, there is never any guarantee. Premium processing usually takes 7-10 days if there is no RFE, but again, there can be no guarantee. (Note that USCIS must refund the $1000 fee if your case is not acted on (approval, denial, or RFE) within 15 days of receipt.)
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raysaikat
05-15 07:39 PM
Dear All:
I am currently in my 7th year on H-1B (with I-140 approved) and my H-1B Visa expired a year ago and my current I-94 valid until next 2 years (same case for my dependants).
I am switching my employer now and my family is planning to goto India and when they go for visa stamping through my new employer - do you think they will get into the trouble because my visa (with old employer) is already expired?
And FYI - myself/my fmaily already had US Visas stamped for atleast 4-5times already in the past through various employers.
The primary applicant's H1-B status must be valid for the dependent to get H-4 VISA stamp. The primary's own VISA stamp is not an issue.
I am currently in my 7th year on H-1B (with I-140 approved) and my H-1B Visa expired a year ago and my current I-94 valid until next 2 years (same case for my dependants).
I am switching my employer now and my family is planning to goto India and when they go for visa stamping through my new employer - do you think they will get into the trouble because my visa (with old employer) is already expired?
And FYI - myself/my fmaily already had US Visas stamped for atleast 4-5times already in the past through various employers.
The primary applicant's H1-B status must be valid for the dependent to get H-4 VISA stamp. The primary's own VISA stamp is not an issue.
sanjay02
07-16 03:37 PM
It might be about your photos
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kamand
01-06 12:19 AM
Thanks "glus" for the information.
I received the below advice from an attorney in another forum.
"Make the CIS aware of your approved I-130 and ask that they approve your AOS on that basis. Send a copy of the I-130 approval notice, together with a copy of the I-485 receipt notice to the correspondence address shown on the lower left side of the receipt notice."
According to that attorney, it looks like I can interfile I-140 with I-130. Any thoughts/comments on this?
Thanks.
I received the below advice from an attorney in another forum.
"Make the CIS aware of your approved I-130 and ask that they approve your AOS on that basis. Send a copy of the I-130 approval notice, together with a copy of the I-485 receipt notice to the correspondence address shown on the lower left side of the receipt notice."
According to that attorney, it looks like I can interfile I-140 with I-130. Any thoughts/comments on this?
Thanks.
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Ann Ruben
03-29 02:36 PM
In some similar cases, filing a petition for mandamus in federal court has been effective. HOWEVER, this strategy is not without risk, and you should consult with an immigration attorney with specific experience dealing with 212(a)(3)(B) "hold" cases before proceeding.
averagedesi
06-20 04:45 PM
Here is an excerpt from the link below.. it sounds crazy
"Visa numbers can retrogress in the middle of a month and become unavailable without prior notice. If there is a mid-month retrogression, USCIS could elect to stop accepting adjustment applications. While this is unlikely to occur in July 2007, it becomes more and more possible as the fiscal year progresses. "
I hope this doesnt happen.
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8d3d061006d75c47852572ff00687697?OpenDocument
"Visa numbers can retrogress in the middle of a month and become unavailable without prior notice. If there is a mid-month retrogression, USCIS could elect to stop accepting adjustment applications. While this is unlikely to occur in July 2007, it becomes more and more possible as the fiscal year progresses. "
I hope this doesnt happen.
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8d3d061006d75c47852572ff00687697?OpenDocument
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pramodirt
12-06 11:49 AM
Hi Thanks SGP for the response.
I applied to Vermont.
In case if I wont get receipt notice by Dec 15, is it ok to leave US on Dec 15th or I have to leave US before Dec 15th?
I applied to Vermont.
In case if I wont get receipt notice by Dec 15, is it ok to leave US on Dec 15th or I have to leave US before Dec 15th?
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Rajeev
07-02 10:05 AM
You need to turn in all your I-94 cards, e.g. I-94 below the H1B approval notice, change of status. When you re enter the new I-94 card will have a new number so old ones if you kept would become useless. I would highly recommend that make copies of all your I-94 cards at I-485 they can ask you provide old I-94 cards Have seen cases where this has happened.
Thanks a lot for your reply.
Thanks a lot for your reply.
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vadik78
05-24 10:06 PM
with experience you gain not only technical skills required to do your job, but also you gain project management experience. To be successfull in consulting world, you need to have strong project management skills and people management skills that come with experience... At least that's what I see in my company - one of the "big- four" firms (accounting, assurance and advisory services). Hope that helps
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shined129
07-08 05:01 AM
Folks, can security check uncover unauthorized part time work whiles on H1. Will this be reported to USCIS? If so will that be a basis for denial for a green card? Any information or precedence?
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90210
07-19 11:30 AM
So, you are saying change the same format so that it is addressed to me. Is that it?
Use the format suggested by Solaris. I also got in the same format. Please fill in your company details.
Use the format suggested by Solaris. I also got in the same format. Please fill in your company details.
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sw33t
07-30 12:07 PM
23 members and counting.
Have you signed up yet?
http://groups.yahoo.com/group/texasiv
Have you signed up yet?
http://groups.yahoo.com/group/texasiv
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immigrationvoice1
02-12 02:35 PM
Hi,
My wife is going to apply for both H4 and H1 visa. Since marriage is in March end, she will come to US on H4 visa. Her H1 visa will be applied as if she were in India. Now her I94 will say H4. Once she gets her H1B, she will have to go out of country to get new I94.
We can go to Mexico to get it stamped and hence get new I94. If for some reason, H1B is rejected, can she still enter the US on H4 visa?
Thanx,
My advice - Bring her in using H4 visa stamped on her passport based on your H1B. The H1, even if she gets (in the 2009 quota which needs to be applied on April 1st 2008) cannot be used before Oct 2008 as all new H1s can be used only from the month of Oct. That H1B approval will come with its I-94 attached. Once October arrives, she can start working on her H1B. She does not need to go anywhere to get it stamped.
When you go out of USA on vacation the next time, she can have her H1B visa stamped on her passport.
My wife is going to apply for both H4 and H1 visa. Since marriage is in March end, she will come to US on H4 visa. Her H1 visa will be applied as if she were in India. Now her I94 will say H4. Once she gets her H1B, she will have to go out of country to get new I94.
We can go to Mexico to get it stamped and hence get new I94. If for some reason, H1B is rejected, can she still enter the US on H4 visa?
Thanx,
My advice - Bring her in using H4 visa stamped on her passport based on your H1B. The H1, even if she gets (in the 2009 quota which needs to be applied on April 1st 2008) cannot be used before Oct 2008 as all new H1s can be used only from the month of Oct. That H1B approval will come with its I-94 attached. Once October arrives, she can start working on her H1B. She does not need to go anywhere to get it stamped.
When you go out of USA on vacation the next time, she can have her H1B visa stamped on her passport.
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fran5477
04-04 10:36 PM
I have been looking topics like this one. Does anybody know if H-1 H-4 can apply for financial aid? does it come up during GC process as goverment aid and therefore could put you GC approval in danger of being rejected? I read somewhere a list of federal help we can use and be OK. Does someone know where to find info?. I have a daighter H-4 who starts college this year. She qualifies for in state tuiton. Does this affect her GC process? You never know when issues like this will surface along your process. I don't want to make any mistakes. Is someone in similar situation?
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rockstart
06-18 12:49 PM
I guess most July filers gave their FP in Oct 2007 so they are due for FP in Jan / Feb 2009. Will they have to fill another form then with $80 biometric fees or will it be free?
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OLDMONK
07-18 11:39 AM
Hi,
I am a B.COM and AICWA. I have also completed CA-Inter. I have totally 12 years of experience out of which 7 years in IT and 5 years Non-IT. I am currently working as Program Manager. My Labour is approved. My company is trying to get a evaluation done.
Would there be any issues when concurrently filing for I-140 and I-1485 with regard to the Education Evaluation.
Make sure you use a detailed evaluation from a reputed evaluator. Do not provide generic evaluation as we do while applying fir H1B.
Evaluation should specifically equate your B.Com degree to a 4 year US degree. + 5 years experience if you filed in EB2. (your labor should have a requirement of BS + 5 years progressive experience)
If filed for EB3 the evaluation should equate your B.Com degree as to equivalent of a 4 year US degree.
I am hoping that this is not a labor substitution case and you labor is YOURS and requirement is Bachelors in Business or Finance or Commerce.
Since you did not post details of your labor, I am not sure people can help you much with specifics.
some helpful pointers.
Try not to club your experience to come up with education equivalency.
If your labor is perm make sure you are already being paid what is on the labor approval.
Try not to use your CA-Inter or AICWA. Keep it simple and straightforward.
I am assuming there is no ability to pay issue and the company is green on its financials.
I am a B.COM and AICWA. I have also completed CA-Inter. I have totally 12 years of experience out of which 7 years in IT and 5 years Non-IT. I am currently working as Program Manager. My Labour is approved. My company is trying to get a evaluation done.
Would there be any issues when concurrently filing for I-140 and I-1485 with regard to the Education Evaluation.
Make sure you use a detailed evaluation from a reputed evaluator. Do not provide generic evaluation as we do while applying fir H1B.
Evaluation should specifically equate your B.Com degree to a 4 year US degree. + 5 years experience if you filed in EB2. (your labor should have a requirement of BS + 5 years progressive experience)
If filed for EB3 the evaluation should equate your B.Com degree as to equivalent of a 4 year US degree.
I am hoping that this is not a labor substitution case and you labor is YOURS and requirement is Bachelors in Business or Finance or Commerce.
Since you did not post details of your labor, I am not sure people can help you much with specifics.
some helpful pointers.
Try not to club your experience to come up with education equivalency.
If your labor is perm make sure you are already being paid what is on the labor approval.
Try not to use your CA-Inter or AICWA. Keep it simple and straightforward.
I am assuming there is no ability to pay issue and the company is green on its financials.
more...
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needhelp!
10-11 05:36 PM
^^
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hotshots
03-17 12:20 PM
My 6 years of H1B expires next month (April 2009). My PERM labor was applied in Feb 2008 and got approved last week. My question is, can I apply for 7th year H1B extension based on the approved PERM (since it was filed more than 365 days ago)? Attorney says there is not enough time to file I-140 and get it approved (even with Premium processing) before my H1 runs out next month.
From my research online there are two options to extend H1 beyond 6 years:
- PERM pending for more than 365 days, or
- I140 approved
What about the scenario where PERM is filed more than 365 days ago and approved, but no I-140 yet?
Gurus I'd really appreciate your inputs here!!
From my research online there are two options to extend H1 beyond 6 years:
- PERM pending for more than 365 days, or
- I140 approved
What about the scenario where PERM is filed more than 365 days ago and approved, but no I-140 yet?
Gurus I'd really appreciate your inputs here!!
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StuckInTheMuck
08-03 02:05 PM
Shameful, yes, but inevitable, because corruption feeds on desperation. Greg Siskind (following the original link) is not sure if there is a trend here, but it seems to me in recent years there is a perceptible shift in the occupation of these fraudsters, moving upscale from small-time crooks to the ringmasters who are supposed to help enforce immigration laws.
ivgclive
04-20 03:48 PM
My emp. filed H1 ext in Jan 2011 and got RFE.
My (existing) H1 extension is expiring on 25th March... which is just less than a week away.
and my employer may submit RFE documents in First week of May...
What would be my legal status during this period?
My H1 extension was filed with regular processing, Is it advice able to upgrade it to premium while or before submitting the RFE docs?
Please advice.
Thx....
You are perfectly OK.
Until USCIS takes a "decision" which is "approved / denied", you keep the legal status.
Premium? If $1300 is not a matter for you yes.
RFE response & Premimum are two different channels now in your case, they will be updated separately.
Remember the Premium process begins the moment USCIS enters data into the system. Not the day your check is received. But it is worth. You will get a decision (with RFE response on its way) within a month.
My (existing) H1 extension is expiring on 25th March... which is just less than a week away.
and my employer may submit RFE documents in First week of May...
What would be my legal status during this period?
My H1 extension was filed with regular processing, Is it advice able to upgrade it to premium while or before submitting the RFE docs?
Please advice.
Thx....
You are perfectly OK.
Until USCIS takes a "decision" which is "approved / denied", you keep the legal status.
Premium? If $1300 is not a matter for you yes.
RFE response & Premimum are two different channels now in your case, they will be updated separately.
Remember the Premium process begins the moment USCIS enters data into the system. Not the day your check is received. But it is worth. You will get a decision (with RFE response on its way) within a month.
vidyakulkarni
07-11 06:52 PM
can you please tell me how much time now takes to H1b renewal?
I am in 6th year of H1b.
I am in 6th year of H1b.
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